Can You Accelerate the Adjudication of Your Hardship Waiver Application?

hardship waiver application

The immigration process can be time-consuming, and it can be stressful to deal with the wait time when you are eager to come to the United States. US Citizenship and Immigration Services (USCIS) wants to be as fair as possible, so you must have a special reason for skipping ahead of others who applied before you. What should you know about expediting your hardship waiver application?

What Is a Hardship Waiver?

When you are inadmissible to the United States for any reason, one of the ways that you can override that inadmissibility is through a hardship waiver application. If you are able to prove that you are dealing with extreme hardship, you might still be able to enter the country. Some of the things that may count as hardship include:

  • The impact of being relocated or separated from family
  • Familial ties with others in the United States
  • Poor health or few treatment options available in your home country
  • Strain on your quality of life

Because you have to have been denied a visa to be eligible for a hardship waiver, the processing time can take much longer than other parts of the immigration process. Your processing time could be over 12 months, which leads some people to attempt to accelerate their application. 

What Are the Requirements to Accelerate Your Hardship Waiver Application?

Any expedition request that is sent to USCIS needs to show a reason for the urgency and justification for moving ahead of other applications. USCIS will only consider a request to accelerate the adjudication of your hardship waiver application if you are able to prove that not doing so would put you in danger due to:

  • Humanitarian reasons
  • Emergencies
  • Clear USCIS error

For example, if you are experiencing a medical condition that is rapidly deteriorating and you are unable to get the treatment that you need in your home country, you can submit documentation and health records that show you cannot afford to wait 12 months for your application to be reviewed. Working with an experienced immigration attorney is one way to ensure that you are able to demonstrate serious, immediate harm if your hardship waiver application is not considered in a timely fashion.

What Happens When You Submit an Expedite Request?

USCIS considers every request that they receive separately and on a case-by-case basis, so the outcome you receive might be different from the outcome someone in a similar but not identical situation does. USCIS may reach out to ask for additional documentation to support what you wrote in your request.

Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence

If you or a loved one are concerned about your hardship waiver application not being reviewed in a timely fashion, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need.  Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.

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    Law Office of Elizabeth Anu Lawrence, LLC.
  • Address: 90 Painters Mill Road Suite 201 Owings Mills, Maryland 21117
  • Phone: (443) 352-3201

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